When debt collectors violate the law

Although collection agencies use a variety of unpleasant tactics when trying to collect debts, are not above the law. In fact, the Federal Fair Debt Collection Practices Act (FDCPA) outlines the behaviors that are specifically prohibited. These include the shame of sending cards, call your friends and family and announce that they are trying to collect a debt, and he calls you late night or early morning.

While there is a law on the books that makes certain practices illegal collection agencies debt often cross the line anyway. What happens when they do? Unfortunately, most consumers are unaware of their rights, and therefore does not dispute the debt collectors in their underhand tactics. In fact, collection agencies debt are based on this type of ignorance.

But if you know your rights, you know that> Fair Debt Collection Practices Act says that debt collectors who break the law must pay up to $ 1,000, with actual damages and legal costs. While it is difficult to generalize, if you have a complaint FDCPA, you must first contact an attorney right debt. Once notified of a "body having a lawyer, debt collectors may not contact, and must communicate directoryattorney. Fair Debt Act does not apply generally attorneys for representation, because the debt collector is violating the law will have to pay for his legal fees.

Once you have legal representation, counsel or will file a federal court, contact the agency debt, or both. Often, agency debt, they know they have been caught red-handed to a settlement, which offers a cash payment or to cleanpart or all of the debt. If the case proceeds through the judicial system, the judge will probably rule in its favor, the award of actual damages, statutory damages up to $ 1,000, and attorney fees.

If you were the victim of abusive collection practices, you must also file a complaint with the Federal Trade Commission. This is the government agency charged with enforcing the FDCPA. While the FTC does not represent individuals who arecomplaints and use of the track in a couple of ways. First, the FTC has to prepare an annual report to Congress on collection agencies. Second, the FTC uses complaints to look for patterns of abuse. When you see a collection agency that regularly crosses the line, the FTC sue the collection agency. Very often, these cases are settled out of court, but the collection agency will usually charge a hefty fine and must acceptseries of measures to ensure they do not violate the law in the future.

The end result? There are consequences when a debt collector violates the Fair Debt Collection Practices Act If you are a victim of unfair tactics, it is important to defend their rights and a complaint to the federal government can hold collectors accountable.